Executive Member for Adult Social Care and Public Health Minutes

Executive Member for Adult Social Care and Public Health Minutes

Tuesday 4 December 2018
12:00 p.m.
Stainsby Room, Town Hall, Middlesbrough

Attendance Details

Councillor J Rostron
S Blood
Item Number Item/Resolution

The Chair advised that this item has been withdrawn from the agenda as it was part of the budget proposals progressing to full council and would be presented at a later date.




That the item be withdrawn from the agenda.


The Executive member for Adult Social Care and Public Health and Director of Adult Social Care and Health Integration submitted a report, the purpose of which to introduce and seek approval for appropriate charges within the Estates function in Adult Social Care and Health Integration. The charges proposed included the introduction of a threshold for the transfer of accounts from Appointeeship to Court Appointed Deputyship, whilst this incurs charges it allowed for the appropriate management of clients capital and savings. Further charges included an introduction of charges for section 117 clients, which was previously agreed but never introduced, and administration charges for electronic banking services. The introduction of charges ensured the service was sustainable, and could act in the client’s best interests in ensuring their finances are working in the best way for them by attracting better rates of return.


The report outlined that  Middlesbrough Council Social Care Estates team managed funds for service users who had been assessed as being incapable of managing their own financial affairs. In accepting this responsibility, the Council had a duty to manage the funds in the best interest of the service user. As Appointee the Council manages an individual’s benefits and their daily living requirements, in its role as Corporate Appointee, Middlesbrough Council has limited powers to access and manage any savings or capital assets, resulting in a number of service users accruing large cash balances in current accounts. However as Court Appointed Deputy, Middlesbrough Council is able to move balances to interest bearing accounts, making best use of service user’s assets. There was a cost implication to the council in the management of Court Appointed Deputy Accounts due to the initial application and required annual reporting requirements, but this would be outweighed by the potential income generated which would be a saving to the Directorate, details of which are included within the report. This would also apply to those individuals on section 117 whom we are Court Appointed Deputy for.


Other potential decisions and why these have not been recommended


The options were to:

  • Take no action, however, this could call the Council into question of not acting in clients best interest, 
  • Approve the decisions requested



That the Executive approve:


  • The implementation of a threshold for all Estates managed Appointee accounts whereby balances have reached £7,000 an application proceeds for Court Appointed Deputyship.
  • Agreement to charge S117 service users whose accounts are managed by Estates
  • Agreement of the levy of annual administration charges for all Court Appointed Deputy accounts
  • The introduction of charges for estates clients to cover the costs of the bank charges for electronic banking.



  • Currently the local authority managed 203 accounts where capital is in excess of £7,000. At present in accordance with the appointee requirements the estates function will manage their benefits and process any bills. However it can not ensure their money works effectively for them in their best interests. The Estates team will work for individuals whom lack capacity. However Local authority deputies appointed through the Court of Protection can manage assets and savings and will be appointed for property and affairs, in doing so they can effectively ensure that any savings attract a better rate of return improving the economic prospects of the individuals for whom they are working for and on a strategic level contributing to the social regeneration of the town by ensuring individual’s financial interests are maximised.
  • Court appointed deputies could charge clients for the work involved in acting in this role.
  • Service users did have the option of using independent solicitors to undertake this role and this is consulted upon and checked as part of the individual court of protection application process.
  • The Office of Public Guardian supervises Court deputies and allocates a supervision level depending on an individual’s assets, this will determine the level of reporting required, ensuring the individual receives additional scrutiny over their affairs. Cases with assets over £21,000 required full bank account reconciliations and reports to the office of public guardian including a breakdown of decisions made by the Court Appointed Deputy.





The decision(s) will come into force after five working days following the day the decision(s) was published unless the decision becomes subject to the call in procedures.
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